SAN DIEGO
Volume 166, 2017 $6.95
5 Tech Options to Make Your Law Firm Easier to Contact
Casey Meraz
How Often Does Google Want Your Firm to Blog?
Consultwebs.com Which is Better: eDiscovery In the Cloud, or eDiscovery in A Data Center?
Adi Elliott
5 Ways to Leverage HARO For Media Coverage
Sally Kane
How Can Building a Stronger Brand Bring You Better SEO Results?
Tanner Jones
How to Divide Law Firm Partnership Income
Jeffrey Fink
Attorney of the Month
John Reynard III,
San Diego
From Business Owner to Business Owner’s Strongest Ally
GOING TO TRIAL – NEED EXPERIENCED HELP?
SPECIALIZING IN BET-THE-COMPANY CASES OVER 50 YEARS OF COMBINED EXPERIENCE REFERRALS/SUBSTITUTIONS ACCEPTED AT ALL STAGES OF LITIGATION, INCLUDING TRIAL •
Antitrust/Unfair Competition
•
Banking Litigation
•
Business Litigation
•
Class Action
•
Contract Disputes
•
Employment Law/ Wrongful Termination
•
Professional Negligence Litigation
•
Intellectual Property Litigation
•
Real Estate Litigation
•
Libel/Defamation Litigation
•
Securities Litigation
•
Partnership Disputes
•
Trust and Estate/Probate Litigation
•
Personal Injury/Wrongful Death
501 West Broadway Suite 1720 San Diego, CA 92101 619-487-1500 | www.kirbyandkirbylaw.com
WITH US, BUSINESS IS PERSONAL
Deposition tools at your fingertips. DEPOSITION SERVICES
VIDEO SERVICES
ONLINE & MOBILE SERVICES
•Certified Court Reporters
•Certified Legal Videographers
•Online Deposition Scheduling
•Court-Appointed Official Reporters
•Video Conferencing
•Online Document Repository
•Certified Legal Interpreters
•Video Deposition Streaming
•Jilio-Ryan Mobile App
•24/7, Last Minute Scheduling
•Video Transcript Synchronization
•Mobile Transcripts
•Nationwide Deposition Coverage
•Digital Deposition Streaming
•Productivity Enhancing
•Deposition Suites, Conference Centers
•Video Editing Tools
Transcript Tools
•Realtime Depositions •Electronic Transcripts •Electronic Transcript CD •Litigation Support Software Integration
Contact us today for more about our newest time-saving deposition and litigation support services.
•Complete Case Management
W W W. J I L I O R YA N . C O M
800.454.1230
2017 EDITION—NO.166
TABLE OF CONTENTS 6 How to Divide Law Firm Partnership Income by Jeffrey Fink
8 Which is Better: eDiscovery In the Cloud, or eDiscovery In a Data Center? by Adi Elliott
EXECUTIVE PUBLISHER Brian Topor EDITOR Wendy Price
10 Five Tech Options to Make Your Law Firm Easier to Contact 12 COMMUNITYnews
CREATIVE SERVICES Skidmutro Creative Partners
PHOTOGRAPHY Chris Griffiths STAFF WRITERS Jennifer Hadley Patricia Klier Karen Gorden
WEBMASTER Mariusz Opalka ADVERTISING INQUIRIES Info@AttorneyJournal.us SUBMIT AN ARTICLE Editorial@AttorneyJournal.us OFFICE 30211 Avenida De Las Banderas Suite 200 Rancho Santa Margarita, CA 92688 www.AttorneyJournal.us ADDRESS CHANGES Address corrections can be made via fax, email or postal mail.
ATTORNEY OF THE MONTH
16 John Reynard III, San Diego From Business Owner to Business Owners’ Strongest Ally
CIRCULATION Angela Watson
CONTRIBUTING EDITORIALISTS Adi Elliott Casey Meraz Jeffrey Fink Sally Kane Tanner Jones Consultwebs.com
16
by Casey Meraz
by Jennifer Hadley
24 28
22 Five Ways to Leverage HARO for Media Coverage by Sally Kane
24 How Often Does Google Want Your Firm to Blog?
by Consultwebs.com
28 How Can Building a Stronger Brand Bring You Better SEO Results?
by Tanner Jones
Editorial material appears in Attorney Journal as an informational service for readers. Article contents are the opinions of the authors and not necessarily those of Attorney Journal. Attorney Journal makes every effort to publish credible, responsible advertisements. Inclusion of product advertisements or announcements does not imply endorsement. Attorney Journal is a trademark of Sticky Media, LLC. Not affiliated with any other trade publication or association. Copyright 2017 by Sticky Media, LLC. All rights reserved. Contents may not be reproduced without written permission from Sticky Media, LLC. Printed in the USA
REFERRAL & CO-COUNSEL RELATIONSHIPS
Your
NEVADA
P E R S ON AL I N J U RY PART N E R
NEVADA’S LARGEST & HIGHEST RATED INJURY LAW FIRM Your
NEVADA
“Rick is one of the best lawyers in the country. I call him every time I have any issue in Nevada and would not hesitate to refer R Ssize.” ON AL I N J U RY PART N E R him any type of case ofP Eany ~ C. Michael Alder, Esq., Alder Law, Los Angeles, California CAALA Past President and Former Trial Lawyer of the Year
“I recently co-counseled a serious Las Vegas injury case with Rick Harris and his law firm. Rick’s advocacy and skills are extraordinary, and were instrumental in resolving and maximizing our client’s sizable recovery.” ~ Carl Wolf, Esq., Callaway & Wolf Northern California Super Lawyers San Francisco, California
© 2016 RHLF
How to Divide Law Firm Partnership Income by Jeffrey Fink
One of the quickest ways to silence a roomful of lawyers is to raise the question of how to divide law firm partnership income. Many lawyers are reluctant to discuss the subject because they are unfamiliar with the options and uncertain how to select among them. Others are concerned that a conversation with their partners about compensation splits will be too uncomfortable. The good news is that there are there are enough different ways to slice the pie for each viable firm to be able to find a solution that works. Also, as with other partnership agreements, the conversation becomes much easier if it starts with what kind of culture and behavior the partners want to encourage rather than with money. The actual numbers flow more easily once the goals are clear. The major variations are as follows:
1. It’s Good to Be King One lawyer is the name behind the firm. He originates many of the clients by virtue of his prowess, reputation or connections. All the others bask in his reflected glory. He gets to look over the books and decide how much the other partners should be making based on subjective or objective criteria. He may not disclose all of what those criteria are. However, most people see the fairness of his decisions. There is enough money coming in to keep most of the people happy most of the time. The incentive is to keep the king happy.
2. The Gang of Four Instead of having one king, a group of lawyers forms a committee to decide how to split the income for the rest of the partners. At some larger firms, the compensation committee is separate from the executive committee that runs the firm. At others, the compensation committee makes a non-binding recommendation to the executive committee. At still others, it is the same committee. Although the committee likely has to publicize some of the factors on which it makes its decision, the other partners often become supplicants who write up an annual impassioned summary of achievements and predictions for the committee. This structure works if people trust in the process and the people on the committee. The incentive is to shoot for the targets the Gang of Four makes public and to make sure everyone in the Gang likes you.
6
Attorney Journal San Diego | Volume 166, 2017
3. The Black Box The Black Box is a variation of The Gang of Four, except that the criteria are entirely subjective. It may work if there is enough money to go around, but the problem is that lawyers, like everyone else, often compare themselves to their peers. The subjective element creates a huge potential for perceived unfairness, which can cause rifts in the firm. The incentive is to work hard and play office politics.
4. Eat What You Kill The EWYK model appeals to the strong strain of individualism in Western culture, and American culture in particular. The theory is that each member of the firm is the captain of her own destiny, can choose how much to work in any given period and should be rewarded for her efforts. It is a very common structure among smaller firms, but tends to go by the wayside as firms grow. The behavior it incentivizes is the sharing of space and administrative resources, individual responsibility, the development of individual practices and a sense of independence. It can also encourage divas. It does not encourage other benefits of being in a firm, such as cross-selling to specialists within the firm, a team-based approach that becomes necessary as matters become more complex and multidisciplinary, the sharing of knowledge, the development of associates coming up through the ranks and, perhaps most importantly, balancing out the strength of individual practices on a year-by-year basis. A lawyer might have a bad year followed by a good year, while another has a good year then a bad year: the EWYK model does not let them smooth out the cash flow. Finally, the incentive to develop a sense of community within the firm is not emphasized, which means that lawyers feel less incentive to stay. When they leave, they take “their� clients, who have never developed a relationship with others in the firm. Nonetheless, many smaller firms with practices that do not require extensive teamwork find the clarity of the approach appealing.
5. The Formula The Formula takes the overall firm revenue and plugs in percentage values for factors that may include some or all of: (A) length of service, (B) client or matter origination,
(C) ongoing relationship management (in case clients get handed over from one lawyer to another), (D) billing responsibility for a matter (which may be separate from relationship management), (E) time spent servicing clients, (F) management and administrative time, (G) special projects or other incentives, (H) total hours billed, (I) prospects for the coming year (especially if there are client payments that will straddle the fiscal year-end, as in corporate matters that get billed at the end of the transaction or contingent fee matters) and (J) other creative elements. The advantage is that if everyone knows The Formula, it reduces the chance that people will see distributions for a particular year as being unfair. It sets the incentives. If structured properly, it encourages the kind of internal cooperation that is good for the firm’s longevity, which is why it is common throughout the service sector. The disadvantage is that a mechanical formula removes business flexibility and encourages people to structure their practice in ways the framers may not have intended. For instance, big corporate transactions can be very lucrative, but a formula that focuses entirely on collections may encourage business lawyers to move to firms that give them more steady current income rather than periodic bonuses when transactions close.
6. Solomon’s Baby Outside of the law firm world, many people who own partnerships expect a fixed percentage of the profits, like dividends from shares of a corporation. Law firms have two variations: (A) L ock-step compensation, in which everyone in the same year of partnership is paid the same, was the gold standard for generations. Not so today. It requires a huge amount of trust that each member will pull his or her own weight, make up for down years with future up years, get paid less in up years than might be possible elsewhere to even things out or out of a sense of community, and stay with the firm. It requires and encourages teamwork and long-term planning, and reduces internal conflict over pay. (B) Some smaller firms have fixed distributions that reflect the perceived relative contributions of the partners. Often, they are based on circumstances at the time the firm is formed and may seem imbalanced as time goes on. The imbalance often fractures firms that do not have a mechanism to revisit fixed percentages as practices develop over time.
7. The Reference Standard In baseball, even the greenest Major League player is entitled to be paid a minimum salary. Law firms sometimes do the same, with each member of the firm being entitled to receive some minimum compensation. For instance, some firms have
decided that no partner should receive less than the highest paid associate. Others use a similar method to calculate retirement or buyout distributions.
8. The Bleacher Seats Since the 1980s, more and more firms have been moving toward a tiered partnership structure. The tiers are divided differently in different firms, but many contain a tier of “non-equity partners.” These partners may hold themselves out as partners to the outside world, but really receive a salary plus bonus based on individual performance and have varying degrees of tenure (some of the many flavors of being “of counsel” overlap with being a “non-equity partner”). The next tier may be paid on a formula that combines a smaller fixed amount plus a percentage of the firm’s net income or divides a set percentage of firm profits among all partners in that class. The top tier is often paid on more of a percentage basis divided using one of the approaches outlined above. The assumption is generally that total compensation—and risk—increases as one climbs the tiers. Firms use a tiered structure to manage expectations and attorney development and to maintain firm financial health. Some firms have a policy of moving non-equity partners out the door if they do not advance within a certain period of time. Other firms use the incentive structure to focus nonequity partners on client origination, which may come at the cost of servicing existing firm clients. Rightly or wrongly, many perceive non-equity partners as being like tenured associates who can only advance if the firm fears they will walk away— meaning that they have developed invaluable expertise or a separate, portable client base. As long as the firm stays on top of how its attorneys are developing, though, this system works well enough that most of the nation’s largest firms have adopted one or another variation of it. Finally, whether partnership terms work well for any firm depends on one big intangible: trust. Do attorneys trust each other to continue developing and maintaining their separate practices? Do they trust each other enough to work together on firm and client projects, to assume joint liability, to share the burdens of administration and not to jump ship at the first opportunity to make a few extra bucks? Do they trust each other enough to set shared goals and rewards? Most importantly, as they develop the partnership compensation structure, do they trust each other enough to have open, good faith conversations about what kind of firm they want? The level of trust drives the partners’ options. n Jeffrey Fink is a lawyer in Wellesley, Massachusetts, who provides his clients with large firm quality and responsiveness in a small firm setting. His practice has three main areas of focus: business law, alternative dispute resolution and family law. He is the author of the popular Kung Fu Mediation blog (he approaches conflict from a different perspective as a second degree black belt in kung fu) and is a regular contributor to Family Mediation Quarterly and various online publications. Attorney Journal San Diego | Volume 166, 2017
7
Which is Better: eDiscovery in the Cloud, or eDiscovery In a Data Center?
by Adi Elliott
W
hich is better, eDiscovery in the cloud, or eDiscovery in a data center? This commonly asked question is actually a false dichotomy—in reality, neither the cloud nor a data center is better, because the cloud is a data center. “The cloud” is often used as a buzzword to give the impression of technological sophistication. Some companies that use cloud-based IT services promote themselves as being “in the cloud,” implying that this makes their products and services somehow “high tech” and therefore high value. But the fact that a company operates in the cloud doesn’t really tell us anything about the quality of its applications. And it doesn’t, by itself, provide any net benefit to the end user.
eDiscovery in the Cloud: Reality vs. Hype Before “the cloud,” businesses would have to make large, upfront investments in hardware (computing, networking, data storage systems) and software (the applications that run on that hardware) simply to get basic parts of a business, such as customer relationship management (CRM), enterprise resource planning (ERP), email, etc., off the ground. The problems with this were twofold: 1. You had to pay the up-front costs whether or not you had underlying business to support these costs and; 2. It forced companies to maintain and run large cost centers that were far removed from the way the company would actually make money. “The cloud” enabled businesses to pay a usage-based monthly fee for both the hardware and software. This helps many companies, particularly small or highly specialized ones, by significantly reducing the overhead costs that often act as barriers to market entry and expansion. Today, the cloud has made it possible to affordably “pay as you go” for the immediate use of someone else’s data center and software instead of incurring a large up-front infrastructure cost to be amortized over time and then separately procuring software to run on that hardware. One of the first examples of this was Salesforce.com. Salesforce created a CRM application accessible via the 8
Attorney Journal San Diego | Volume 166, 2017
internet that could be used and paid for on a monthly basis, starting at a single user and scaling up as necessary. It’s important to note that Salesforce was a “cloud” to its clients, but not to itself. Companies now have the option to subscribe to a service that provides all the functionality their company needs, at the scale at which it needs it, for a monthly fee. At its core, that service is still essentially a data center with software, “virtual” in the sense that the subscriber doesn’t see or handle the underlying infrastructure, which is owned and managed by the cloud provider.
Beware Cloud-Based Marketing Hype When someone touts that their technology is “cloud-based,” it’s important to understand who is getting the benefit of the cloud. The real benefit of the cloud is a business process benefit to the company using it; it does not necessarily provide direct benefit to the end users of that company’s products or services. The cloud gives companies who don’t have the interest, resources, or expertise to make large, up-front investments in hardware and software to solve a discreet business problem that are not core to how the business makes its money.
What Does “The Cloud” Mean for eDiscovery? If you think about it, the eDiscovery industry has always been “cloud”—before the term cloud was cool. By managing the hardware and software ourselves, giving our clients logins to access these applications securely over the internet, and providing the capacity for them to scale up or down depending on the demands of the project, eDiscovery providers—as a whole—were doing exactly what Salesforce was doing in the CRM space, but for our clients. Electronic discovery has been “cloud” this whole time. n Adi Elliott leads the definition of Epiq’s global eDiscovery strategy. Elliott is a frequent author and speaker on the topics of the business of eDiscovery, technology-assisted review, and hiring and training top talent. He holds a Bachelor of Arts degree from the University of Illinois-Chicago.
& DD
Dunne & Dunne, llp D I V O R C E & F A M I LY L A W
San Diego Divorce & Family Trial Attorneys for a New Generation
DIVORCE EXPERTS DEALING WITH:
Reproductive issues IVF issues Surrogacy issues Same sex marriage with children issues Biological and non-biological parent’s rights issues Transgender parent’s rights issues
ALSO SPECIALISTS IN: Annulments Property division Child custody Child visitation Child support Restraining orders Domestic violence Grandparents’ rights
Anthony Dunne Dunne & Dunne, LLP 701 B Street, Suite 955 San Diego, CA 92101
WE PAY REFERRAL FEES 619-232-9260
dunnefamilylaw.com
5 Tech Options to Make Your Law Firm Easier to Contact by Casey Meraz
It’s no secret that if you make it easier for people to reach you using their preferred method, you’re going to get more contacts —ones that could convert to clients. Today, this is especially true of your website. While phone calls have always had the highest conversion rate, from the initial contact to case signups, technology is rapidly evolving and offers more ways than ever for people to contact you.
Let Prospects and Clients Click Receiving legitimate contacts that may turn into clients should be at the forefront of any digital marketing campaign. Here are a few ways you can use technology to make your law firm easier to contact. 1. Put a click-to-call feature on your mobile website. Pull up your website on a mobile device and see if there is a prominent way to click to call your firm. If there isn’t an obviously clickable number—one that follows the user down the page—you’re missing out on mobile conversions. With over 50 percent of Google searches happening on mobile devices, this could be your biggest change in terms of conversion. So, make sure that each page of your site has a prominent clickto-call option. 2. Add a click-to-text option on your website. Texting is rapidly becoming a preferred contact method for many potential clients. Did you know that you can add text widgets to your website? Adding a click-to-text button can help increase conversions by up to 36 percent depending on your target client demographics. Plus, it’s easy to use and you get the client’s mobile phone number right out of the gate. 3. Add responsive live chat, too. Whether you use Ngage, Apex Live Chat, Client Chat Live or a self-staffed live-chat model, adding a live-chat option can increase the number of leads from your website. The key, as with most of these models, is the responsiveness of your agents. Replying promptly is everything because if you take a moment too long, the visitors will stop chatting or will even forget that they started. Your operators need to be quick and should try to get the client’s contact information as soon as possible before the chat ends. 10
Attorney Journal San Diego | Volume 166, 2017
4. Have a callback feature on your site. Although the callback feature has been around for a while, many firms aren’t taking advantage of it. Allowing visitors to have you call them by entering their phone number takes one step away from the contact process and barrier to entry. Services like BounceHelp.com offer this feature as a simple website plug-in where users can even schedule a time to call based on what’s convenient for them, which may increase conversions as well. 5. Respond on social media channels. Potential clients may be reaching out to you on social media platforms, whether it is LinkedIn, Facebook, Twitter or another channel. Facebook users can even provide a responsiveness score for how long it takes you to respond to messages. By being active on social media, you open up opportunities to join legal-related discussions and respond to consumers where they are already spending most of their web time. With this one, though, you definitely don’t want to set it and forget about it.
Plan to Be Responsive When trying out new technology like the above, most law firms tend to try everything at once and then neglect to properly track conversion rates—if they track them at all. Keep in mind that if you provide too many options on your website, you might confuse new visitors. Alternatively, if they don’t find what they’re looking for quickly, they’ll leave anyway. You’re only going to get the good results if you’re there to respond quickly. Lawyers who respond to leads quickly and have an easy online sign-up process will take everyone else’s lunch. Since website contacts can happen at any time, you’ll want an after-hours and overflow answering service in place, plus a good system for following up to convert contacts to paying clients. n Casey Meraz is the founder of Juris Digital, a full-service law firm marketing agency specializing in web design and development. He writes and speaks on internet marketing issues and is author of the book, How to Perform the Ultimate Local SEO Audit. Follow him on Twitter @CaseyMeraz. Previously published in Attorney at Work.
COMMUNITY news n For the last three years, the San Diego Business Journal has honored local attorneys chosen by their peers as most outstanding in their field. Sullivan Hill Lewin Rez & Engel is pleased to announce that Elvira Cortez and Ashley Kerins have been included in this year’s “Best of the Bar” list published by the San Diego ELVIRA CORTEZ Business Journal. A member of Sullivan Hill’s construction, insurance, and litigation practice groups, Cortez practices primarily in the areas of construction and insurance litigation matters, with an emphasis on construction defect actions, construction claims and insurance coverage disputes. Cortez currently ASHLEY KERINS sits on the board for Lawyers Club and co-chairs the Lawyers Club Diverse Women’s Committee. She has been named to the San Diego Business Journal’s Best of the Bar list for the last two years. Kerins is a member of Sullivan Hill’s business and corporate transactions and tax practice groups. As a member of the business and corporate transactions group, her practice extends to real estate transactions, financings and business organizations. Kerins was named a Top Young Attorney in 2013 by the San Diego Daily Transcript, Best Lawyer in 2015 by San Diego Metro Magazine, and Best of the Bar in 2015 by the San Diego Business Journal. n Fox Law is proud to announce it has moved offices to the Plaza Building in Solana Beach. The new address is 225 West Plaza Street, Suite 102. In addition, Fox Law welcomes Chris Hendricks as Special Counsel. Chris has a decade of experience working on complex cases for and against insurance CHRIS HENDRICKS companies, municipalities, and Fortune 500 companies. He is now taking his knowledge of the insurance industry to fight for individuals who have been seriously harmed.
Have a Press Release you would like to submit for our Community News? Email it to PR@AttorneyJournal.us 12
Attorney Journal San Diego | Volume 166, 2017
n Estey & Bomberger, LLP announced that R. Michael Bomberger has been selected as the newest member of the Professional Advisory Council of the San Diego Brain Injury Foundation (www.sdbif.org). Founded in 1983, the SDBIF’s mission is to improve the quality of life for brain injury survivors R. MICHAEL and their families in San Diego County. BOMBERGER “More than 5 million Americans have had a Traumatic Brain Injury resulting in a permanent need for help in performing daily activities,” remarked SDBIF CEO Susan Hansen. “Our organization is concerned with helping survivors beyond the immediate onset into life-care issues.” A key reason for Bomberger’s selection for council membership was his experience representing brain injury survivors in cases involving bike, pedestrian, auto and motorcycle collisions, falls, and even birth-related injuries. He has gone to trial against hospitals, schools, companies, municipalities and individuals on their behalf. In accepting this honor of Advisory Council Membership, to further contribute to a cause to which he dedicated his career, Bomberger noted, “I am thrilled to join this forward-thinking and collaborative group, to continue to be a part of the solution that helps the more than 11,000 San Diego County survivors of brain injury and their families.” n Balestreri Potocki & Holmes is pleased to announce that Thomas Balestreri (Construction Law) and Karen Holmes (Professional Liability) have been listed in San Diego Magazine as 2017 Top Lawyers in San Diego. Balestreri has dedicated most of his 32-plus years in practice to the representation of developers, property THOMAS BALESTRERI owners and general contractors in litigation, negotiations and risk management. He has tried a number of high-exposure cases with great success and has received numerous professional awards and honors including Top San Diego Lawyers and Super Lawyers for the last several years. Holmes is a successful litigator and trial attorney specializing in professional liability defense and civil litigation. She handles contract review and negotiation as well as the defense of construction delay, extras and defect claims on behalf of architects, engineers and contractors. Holmes has extensive trial experience and has served as Judge Pro Tem as well as arbitrator and mediator for the San Diego Superior Court. She is the recipient of many professional awards and honors including being named a San Diego Super Lawyer since 2007.
COMMUNITY news n Duckor Spradling Metzger & Wynne is proud to support the newly formed San Diego Appellate Inn of Court as a founding sponsor. The San Diego Appellate Inn of Court was established in early 2017 and joins several other local Inns of Court in fostering ROBERT M. excellence in professionalism, SHAUGHNESSY ethics, civility, and legal skills. Robert M. Shaughnessy chairs Duckor Spradling’s Appellate practice and will serve as a Barrister on the nascent Appellate Inn of Court. He and other experienced appellate attorneys and justices will interact with other appellate practitioners to promote higher standards and practice skills necessary to enhance the practice of appellate law in the San Diego legal community.
n International Network of Boutique Law Firms, San Diego Chapter, Now 11 Firms Strong. “The chapter is affiliated with INBLW nationally and internationally, so clients can receive qualified referrals no matter their requested location or practice area,” said Chapter Chair Charles T. Hoge of Hoge Law Firm in La Jolla, California. “Our group of small firms practice in a full range of legal specialties and are carefully vetted to uphold organization standards. We are all confident we’re giving and referring experience of the highest caliber.” Each member firm specializes in a specific practice area and is linked nationally and internationally into a single network that is able to offer a full range of practice areas.
n Seltzer Caplan McMahon Vitek is pleased to announce that SCMV attorneys Lawrence S. Branton and Brian Katusian have co-authored two chapters in the CEB (Continuing Education of the Bar) 2017 edition of “Financing and Protecting California Businesses.” LAWRENCE S. BRANTON In the chapter “Tax and Accounting Elections,” Branton and Katusian examine the various tax and accounting elections available to California businesses of all sizes. In the following chapter, “Tax Compliance,” they discuss the myriad Federal and State tax compliance issues unique to California businesses of all sizes. Branton and Katusian also BRIAN KATUSIAN explain how and when to notify taxing authorities to satisfy tax compliance and reporting requirements, as well as how to establish record-keeping procedures. Branton is of counsel with SCMV. His practice emphasizes tax law, estate planning and employee benefits. Katusian is a shareholder with SCMV. His practice emphasizes tax law, tax exempt organizations and ERISA/Employee Benefits. Both attorneys are certified by the State Bar of California as Legal Specialists in Taxation Law.
Attorney Journal San Diego | Volume 166, 2017
13
2015 Fragomen SD Attorney Journal - 1st Proof.pdf 1 10/6/2015 7:45:44 PM
“When claims are wrongfully denied, we know how to fight back on your behalf.”
San Diego trial lawyer Greg Ryan got his start as an insurance attorney. He later expanded his expertise to include construction law, business litigation, personal injury and employment law. This “AV Preeminent rated Attorney” is known as a meticulous investigator and legal strategist. Ryan consistently and clearly presents cases to key decision-makers; this often helps clients achieve their litigation goals without the expense of a courtroom battle. When court is unavoidable, Ryan & Associates has the experience and knowledge to battle for your rights. “When the claims are wrongfully denied, when payment is refused, or when policyholders are victimized by insurance professionals, we know how to fight back on your behalf.”
1010 SECOND AVENUE, SUITE 2500 SAN DIEGO, CA 92101
14
Attorney Journal San Diego | Volume 166, 2017
619.239.4848 GJRYAN.COM
PEACE OF MIND. TRUST A TRUE TAX EXPERT TO SOLVE YOUR TAX PROBLEMS.
• TAX AUDITS
• TAX SETTLEMENTS
• INTERNATIONAL TAX
• TAX APPEALS
Founder Michael Dallo is a San Diego tax attorney who holds an advanced Masters of Law Degree in Taxation, is a CPA, a Certified Tax Law Specialist, and a Professor of Taxation at the University of San Diego. Michael oversees all the cases that come into the firm and meets with every client. Accounting is the language of tax returns and law is the language of negotiation. As a San Diego tax lawyer, he has extensive experience in developing creative legal solutions for your tax problems. As a CPA, he is never blind-sided by twists on tax returns. To win the best possible outcome for your case, you need a firm focused only on tax problem resolution, comprised of experienced attorneys and a supervising founder and senior tax experts who are both attorneys and CPAs.
www.dallolawgroup.com
619.795.8000
mdallo@dallolawgroup.com
From Business Owner To Business Owners’
STRONGEST ALLY Anderson Reynard, LLP’s Managing Partner John Reynard‘s experience as a CEO, COO, and CFO is now used to help fellow entrepreneurs to plan, preserve and protect their businesses and families. by Jennifer Hadley
A
fter graduating from Stanford University in the mid 1990’s, John Reynard III found himself in what appeared to be a rather fortuitous situation. At just 24 years old, he co-founded a software company which was acquired by a Fortune 50 company within just 18 months. “It was a very exciting experience,” he recalls. “It also taught me the value of legal advice. We were kids when we sold the company, and hired professionals that we blindly trusted,” he explains. Reynard’s experience with his next company, which was also, by many standards, a great success, still left him wondering how the structuring of the company had gone so wrong. He doesn’t mince words when saying, “We were given terrible legal and financial advice. From a tax standpoint, the company was the wrong type of entity, and it wasn’t congruent with my other plans. We’d spent hundreds of thousands of dollars trying to sort it all out, before I finally sold my interest to my partner,” he says. Discouraged, but determined there had to be a better way for entrepreneurs to protect themselves from winding up in similar situations, Reynard says he took time off to travel, and began reading books voraciously. He devoted himself to learning as much as he could about how business owners should manage their family estates. “When I had my own company, I was good at running a business but I did not have anyone on the legal side that could integrate my personal family planning with my company.” However, because John had also gained experience with several other companies acting as CEO, COO, and CFO, he often found himself on the receiving end of questions from friends, colleagues and peers, requesting his help in planning to preserve and protect their assets and estates. “I had so much personal experience with running companies that I wanted to act as an advisor to businesses and individuals. But I felt that a large portion of the advice that I gave to businesses was legal in nature. 16
Attorney Journal San Diego | Volume 166, 2017
I had no interest in skirting the line of practicing law without a license, and I wanted to eliminate any barrier that would prevent me from giving the best advice possible,” he says.
Dedication to Preserving the Efforts of Entrepreneurs Through Education Reynard’s mind was made up. “By becoming a lawyer, I wouldn’t have to worry about inadvertently giving legal advice. I would be able to legally help people. Both my successes and failures as a business owner gave me a unique perspective when I entered law school, and I knew exactly the type of lawyer I wanted to be, and the type of law that I wanted to study from the first day I stepped on campus,” he says. He explains, “A void in the practice of law are professionals who have real-life experience, from the client’s perspective, in the areas of their practice. Too often, professionals fall under a theoretical realm in which the connections between the law and reality are out of sync. Until you have taken your own company through a complex transaction, it is virtually impossible to understand the idiosyncratic nature of running a business. This creates an environment where lawyers are referred to as “deal killers.” Unfortunately, this is often an accurate assessment, as many lawyers without real world experience create legal entities or contracts which bind companies and family estate plans to the point that changing times, dynamics and needs are impossible to accommodate. Too often, company and family plans fail to meet a client’s dynamic life cycle because of the rigid nature of the plans that attorneys and advisors put in place.” Thus, with this firm philosophy guiding him, and armed with personal experience, the only thing Reynard had left to do was learn as much as he possibly could about law, which he did at the University of San Diego School of Law. As a member of the
ATTORNEY
OF THE MONTH
© Bauman Photographers
2017 2016
© Bauman Photographers
Left to right: Sandra Mominee, Diana Feliton, Charley Palmore, David C. Anderson, John S. Reynard III, William “Bill” Carey, Kristin Canfield Derr
International Law Journal, Reynard was also awarded a Dean’s Scholarship for the Graduate Tax program, before immediately moving on to earn his Master of Laws in Taxation (LL.M). He also credits instructors and mentors including Professor Frank Partnoy, and Lincoln Quintana, Esq., his first boss, for instilling in him the need to do the right thing at all times, and the absolute necessity of finding balance as an attorney. “I was taught to learn as much as I could, because the information is out there. I spent and continue to spend at least 90 minutes every day reading, and learning something new. Nothing comes easy, but no one was going to out learn me. I called on all kinds of people and asked questions. I called on doctors, I called on advisors, and some of the partners of the biggest firms in town to pick their brains. I have never been turned down for a coffee meeting. We are all in the businesses of helping people,” he says.
Protecting Others by Partnering With an Established Pro By 2013, Reynard found the perfect opportunity to continue to learn, while building the firm he’d always dreamed of. That came through the chance to partner with Harvard Law School Graduate, and AV-Rated Attorney David C. Anderson, who has served the San Diego legal community with premium wealth strategy design and estate planning services for nearly 40 18
Attorney Journal San Diego | Volume 166, 2017
years. According to Reynard, the dynamic between the two was apparent from the start. “It was the perfect blend of old school, and new school,” Anderson confirms. Continuing, Reynard says, “Over the last four years, he has taught me much more than just how to estate plan. He’s shown me how to have a family, a business and how to balance the two. He took my young legal background, and my business experience, and blended it with his decades of expertise in estate planning. I honestly partnered with one of the best lawyers in San Diego. His mentorship and experience has allowed me to practice at a level that I believe puts me above my immediate peers,” he adds sincerely. Together Anderson and Reynard have created something truly unique in a field which, Reynard admits, has a lot of attorneys. “There are a number of great firms in our area of expertise. Since much of our work is transactional, we have the great pleasure of working with many of these firms, and I find that we are collectively able to bring great planning to our clients.” “We also fill a gap between solo and larger firms. We have a bit more bandwidth than solo firms, which allows us to service more complex and involved matters. But we don’t have the large overhead that many of our larger competitors have, which enables us to be very competitive with our pricing,” Anderson adds.
they were brought into an estate that had serious tax and structure problems. “One of the family planners had concerns that various trusts which a family had purchased did not work the way that the original attorney had promised. Once we reviewed the plan, it was apparent that the trusts did not work, and serious changes needed to be made. We were able to collaborate with the family advisors to fix the issues and put the family back on firm ground. The solution we found was able to fix an otherwise seven-figure tax problem,” Reynard recalls. In another case, where the firm was able to protect a client, Reynard recalls helping an elderly long-time client of the office. “He came in and explained a new business investment he had made. The deal did not seem like something a retired individual on a fixed income should be involved in. We were able to put a hold on the project and were able to help the family with notifying appropriate authorities. It turned out to be a scam and the individual ended up being picked up by the FBI and is now in jail.”
Planning the Firm’s Focus for the Future With a thriving practice blending Anderson’s longevity in the practice, along with Reynard’s dedication to staying atop of emerging issues in the field, including the effects of
John, Lisa and Layla Mae enjoying the beach in La Jolla. © Bauman Photographers
“Our typical clients are business owners or professionals who have a family. We do not have a specific dollar amount or level of complexity as a requirement to use our services. We have new families and professionals who are just starting their adult lives as clients. We also have incredibly complex, multigenerational family businesses that involve sophisticated and technical tax and structural advice. I guess you could say that we help families and business owners structure their personal and business entities in a cohesive integrated plan,” Reynard says. We are different from others in that we understand the need to connect professional and personal planning. Too many people have a disconnect there. They have an insurance agent, and a financial planner, and a lawyer, but no one is communicating with anyone else. We can serve as the glue in between.” However, there are distinct differences between Anderson Reynard LLP, and other estate planning firms. “We truly focus on this area of law. Our problem cases arise when other lawyers are getting out of their area of expertise and provide plans that do not work. Additionally, non-lawyer services give the public the perception that trusts and estates can be handled with boilerplate forms. This is a major problem in the legal community and is in fact, a contributing factor to our decision to have a full-time probate litigator on staff,” Reynard says. Specific cases which Anderson Reynard, LLP have clearly succeeded in protecting their clients include one case wherein
Attorney Journal San Diego | Volume 166, 2017
19
Contact John Reynard III, Esq. Anderson Reynard, LLC john@arlawplanners.com 619.220.8688 arlawplanners.com
20
San Diego Office 2468 Historic Decatur Road Suite 220 San Diego, CA 92106 Irvine Office 110 Pacifica, Suite 130 Irvine, CA 92618
Attorney Journal San Diego | Volume 166, 2017
© Bauman Photographers © Bauman Photographers
EXPERIENCE
technology on digital assets and the globalization of wealth, the firm remains committed to providing service to clients which includes communication, in ways that clients prefer. “We are as technologically capable as our clients and peers want us to be. We have a very innovative blend of old school, intimate client care, with the ability to be completely digital for our tech-oriented clients and peers. Our systems track the technological ability of our clients so that our office communicates in their preferred medium. There is a lot of talk today about becoming digital and paperless. I believe this is a risk when dealing with clients that do not understand the technology. A client may inadvertently open themselves up to a cyber-attack while trying to access or receive digital files. If our clients want printed invoices, we are happy to oblige,” he says. In addition, the firm intends to stay the course when it comes to personalized attention. “It is not uncommon for our first meeting with a client to last for two hours. “We need to instill confidence in all family members, so we take whatever time is necessary to do so,” Reynard says. Not surprisingly, the firm is already growing, with offices in both San Diego and Orange County, and Reynard is predicting that the breakdown of their practice will evolve as well. “I expect our litigation team to grow over the next five years. I also expect to keep working hard and remaining focused on building the best reputation possible. I am not expecting fast growth, I expect calculated, organic growth with careful and deliberate progress. We will stick to our areas of expertise in Trusts and Estates, Estate Tax, Business Law, Real Estate Transactions, and Trust and Probate Litigation. We don’t go outside of our wheelhouse.” Of course, in an effort to make sure that Reynard is fulfilling his mission of educating others, he’ll also be continuing his own education, and providing opportunities for his attorneys and staff to seek out additional educational opportunities. Personally, he’s working towards earning his Certified Estate Planning, Trust and Probate Law Specialist designation from the California Bar of Legal Specialization. Yet, Reynard will always remember the advice of his early mentors when it comes to maintaining balance. “Our team enjoys what we do. It’s a vibrant environment, which keeps everyone’s mind fresh and keeps our work stimulating. We take our work seriously, and I know that our team counts on us for a stable job, so we are here to support everyone on our team with whatever they need. There is just no reason not to enjoy what we do,” he says. Personally, when he’s not in the office, Reynard says spending time with his wife Lisa, their 16-month-old daughter, and their Labrador, is his favorite way to enjoy his time off, particularly if it involves spending time in the ocean, or traveling. n
» EDUCATION • Stanford University, B.A., Psychology – 1997 • University of San Diego, Juris Doctor – 2009 • International Law Journal • University of San Diego, Master of Laws – Taxation – 2010 • D ean’s Scholarship for the Graduate Tax Program • T utor – State, Federal Income and Estate Tax
» LICENSES & AWARDS • Licensed California Real Estate Broker • Best of the Bar, San Diego Business Journal, 2016
» MEMBERSHIPS • Advisory Board Member, Family Promise of Orange County • North County Estate Planning Council • Estate Planning Council of San Diego • American Bar Association, Member • San Diego County Bar Association, Member • Orange County Bar Association, Member • Orange County Association of Realtors, Member • San Diego Association of Realtors, Member
» BAR ADMISSIONS • U.S. District Court Southern District of California • U.S. District Court Central District of California
The San Diego Chapter is now
11 FIRMS STRONG The International Network of Boutique Law Firms, San Diego Chapter, is a collection of legal specialists with complementary practice areas throughout San Diego County. Clients receive the combined expertise equal to a regional/national law firm, along with the personalized attention of a small firm. The chapter is affiliated with INBLF nationally and internationally, so clients can receive qualified referrals no matter their requested location or practice area.
Current Specialties •
Commercial Litigation
•
Environmental Law
•
Corporate Transactions
•
Health Law
•
Criminal Defense, White Collar
•
Immigration Law
•
Criminal Law
•
Intellectual Property
•
Employment Law for Employees
•
Trusts and Estate Planning
•
Employment Law for Management
•
Tax Law
INBLF is currently accepting new clients and members.
www.inblf.com • 619-823-2600
5 Ways to Leverage HARO for Media Coverage by Sally Kane
Getting quoted in the media is one of the most effective ways for lawyers to raise their profile, gain credibility as a thought leader and attract clients. However, you may not have the time to cultivate relationships with the press or the budget to hire a PR firm. Help A Reporter Out—HARO—is a shortcut to free publicity and can be a powerful marketing tool. HARO is a platform that connects journalists to sources for their stories, distributing over 50,000 journalist queries from respected media outlets each year. Pitching a reporter can be an intimidating process, and many HARO queries receive hundreds of responses per day. How can you capture the attention of journalists and build relationships with the media? Over the past 12 years, I have used HARO as both a journalist and an expert source. HARO has helped me secure press mentions in leading media outlets such as The New York Times, Business Insider and Psychology Today. Here are five tips to help you do the same.
Respond Quickly HARO sends requests to your email inbox three times a day, Monday-Friday: at 5:30 a.m., 12:30 p.m. and 5:30 p.m. ET. Since HARO queries receive so many responses, it is important to send your pitch as quickly as possible so it does not get buried in a sea of other responses. How quickly do you need to respond? Responding within the first half-hour is ideal. A same-day response is important. If you do not have time to answer the query that day, it is best to move on. Be sure to double-check the reporter’s deadline, which is always listed in the query. Some deadlines are set only a few hours after HARO sends the request.
Be Concise and on Point In your HARO response, it is important to answer the writer’s questions and prompts specifically and directly. In most cases, you want to keep your entire response to 150 words or less. This is not the forum for lengthy, complex responses. Tailor your response to the query, avoiding answers that may appear generic or templated. Include your answers and tips in the pitch itself so all the information the journalist needs is right in front of him. 22
Attorney Journal San Diego | Volume 166, 2017
Do not link to your response, request an interview or require that the journalist contact you by phone or email to gain the information. The goal is to make the reporter’s job as easy as possible.
Create a Pitch Template Pitching HARO is a numbers game; the more pitches you submit, the better your chances of getting quoted. To streamline the process, it is a good idea to create a pitch template that contains the basic elements needed in every pitch. My pitch template includes a greeting, my bio (I have several bios, depending on the pitch), my contact information and my social media information. In the body of your pitch, break up the text with headlines, short paragraphs and bulleted or numbered items to make it easier to scan. You should also include a link to your website or blog, since backlinks can help drive traffic to your site. Many queries require a headshot so it is also important to have a quality headshot that you can send via email or link to online.
Recycle Your Content Not all your HARO pitches will get accepted, but that does not mean you have wasted your efforts. You can recycle your responses into blog posts, client tips, articles, SlideShare presentations, short videos and other content assets.
Become the Go-To Expert in Your Field Capturing the attention of journalists is not easy, but these tips can help you get your pitch noticed, build relationships with the media and establish yourself as a thought leader in your practice niche. n Sally Kane is a lawyer, writer and legal marketing consultant for PaperStreet, a digital marketing agency for law firms. She has been writing on law practice marketing and management topics since 2004 and has published over 100 articles in various legal media outlets, including Vault.com, Legal Management, Law Practice Today, The Legal Intelligencer and Student Lawyer. Previously she served as editorin-chief of a national legal magazine and as a legal careers expert for About.com. Follow her on Twitter @sallyannekane. Previously published in Attorney at Work.
SOUTHERN CALIFORNIA’S LEADERS IN… • ESI Processing & Hosting • Data Acquisition & Forensics • Managed Document Review • Paper-based Discovery Services • Court Reporting
FREE MCLE SEMINARS!
With offices in LA Downtown, LA Century City, Irvine and San Diego DTIGlobal.com
501 West Broadway, Suite 400 San Diego, CA 9210 Office: (619) 234-0660
Call us for information to schedule a complimentary in-person or webinar MCLE seminar on a variety of electronic discovery topics.
Specialization matters. Having represented more law firms over the last 25 years than any other broker in the region, no one understands their real estate needs better than I do. — Jason Hughes President & CEO, Hughes Marino
San Diego’s Leading Construction Defect and Employment Litigation Attorney FOCUSED ON OUR CLIENTS, FIXATED ON THEIR RESULTS
WE REPRESENT:
• Homeowner associations and groups of single family homeowners in construction defect litigation • Aggrieved employees in wage and hour class actions • Tenants in unlawful housing practice class actions hughesmarino.com (619) 238-2111
Jean-Claude Lapuyade, Esq. 10200 Willow Creek Road | Suite 150 San Diego, CA 92131 619.599.8292 JCL-LawFirm.com Attorney Journal San Diego | Volume 166, 2017
23
How Often Does Google Want Your Firm to Blog?
by Consultwebs Staff
It’s a common question. How often should your firm be blogging to get value for search visibility? There are differing opinions. Some may tell you that the more you blog, the better. Others may have a number of posts per week or month that they say is a minimum, or ideal quantity. In the recent past, there has been a lot of discussion about law firm blogs. There is debate about: • How many times per week (or month) a law firm should add new posts • Whether blogging more actually leads to more cases and better results from the web • Whether a law firm’s blog should be on the same domain as their website • What kinds of posts may be effective, and what kinds can actually have negative effects • The needs for blogs to provide “fresh content” for search engines • Lots of other related topics If you want straight answers to all of these questions, well, unfortunately it’s not that simple. With everything that we know about law firm blogging, and everything that Google has said about content in general, the best answer is, it depends. To be transparent, for quite a while, Consultwebs has believed in the value of blog posts for many reasons: • Blogs are a consistent source of “fresh content” for search engines to crawl and index. • They provide an opportunity to test long-tail content ideas • Posts can build the overall site relevance for a particular topic • They can bring link-earning opportunities based on coverage of niche topics • Blogging gives firms an ability to rank and gain visibility for recent events or time-sensitive topics • They provide opportunities for content sharing on social media and chances for brand exposure Are those reasons still true? Yes. So what needs to be reevaluated? Everything. One thing that we know very well is that every law firm is unique. Firms have different skill sets, years of experience, and levels of success among their attorneys. They focus on different practice areas and specialize in different types of legal services. Law firms have different brands, tones, personalities and reputations, with different types and sizes of audience for their marketing and communications. 24
Attorney Journal San Diego | Volume 166, 2017
So is ongoing blogging an effective strategy for law firms? It really depends on the firm and the analysis of their blog in the context of their overall marketing efforts.
So What About Google? Google’s mission statement is “to organize the world’s information and make it universally accessible and useful.” They are in the business of bringing great, useful, helpful content to people based on the searches they perform, to ensure that people have good user experiences and continue to use Google as much as possible. Here are a few facts to consider about Google’s guidelines for quality content. Google has a 160-page pdf available online with thousands of pieces of information to guide its search quality raters. In section 3.1 of the document, which is called “Page Quality Rating: Most Important Factors,” the first concept listed is “Expertise, Authoritativeness, Trustworthiness.” Section 3.2 goes on to explain more about the “E-A-T” concept, but in summary, Google favors pages where expert sources provide helpful and valuable information about topics on which they have authority.
How Does This Apply to Law Firm Blogs? There are many good examples of blog posts written by attorneys or other legal professionals that showcase the “E-A-T” that Google mentions. Many blog posts have unique insights, important updates for certain groups, and great value for those who read them. Many posts are well thought-out, have a specific purpose and fulfill the needs of users who read them. As we understand, Google wants to serve up the best results to each searcher in the hopes of providing a good experience and ensuring the highest likelihood of that user continuing to use Google for search. Therefore, great content with great user experience often rises to the top of the search results. Too often, however, law firm blogs are full of posts that have been created to fill a quota. There has been a thought in the past that firms need to blog every week, or every day, or even more often for “SEO value.” It seems the true “SEO value” is actually in lockstep with value to the user. Blog posts with little unique value to the audience for which they’re intended seem to have little value in the eyes of Google as well. So how often should your firm blog? Seems like the answer should be the same as if you asked, “How often does our firm have something to say that is unique, useful, and shows our expertise, authoritativeness and trustworthiness on a specific
topic? How often can we provide a great user experience for someone in search of some information?”
Reasons to Continue Blogging For attorneys who are writing blogs that truly convey their expertise in a particular area, it may make sense to continue blogging. If the activity is bringing positive value and leading to new clients, firms may even want to up their efforts. Some great reasons for law firms to keep writing their own blogs may include: • They’re truly sharing unique expertise with the public through their blog to strengthen the firm's brand. • They're signing referral cases due to content they have written. • They have a large, relevant audience and are keeping top-ofmind awareness with them, evidenced by comments, shares, and other forms of engagement. • They love doing it and don't care what kind of time it takes from other activities.
Potential Negatives of Blogging Especially when written for the wrong reasons, some blog posts can actually have negative effects on a law firm’s website performance. For example: • Blog posts can compete with other, more conversionfriendly pages on a law firm’s website for search terms, bringing users to a lower-priority page. • News-based blogs, especially those about accidents, can sometimes bring negative feelings from visitors, reinforcing some negative stereotypes about law firms. • Blogging can be extremely time-consuming, taking resources away from other, potentially higher-return marketing activities, leading to low or negative ROI. • If not carefully reviewed and pruned, blogs can add a tremendous amount of thin, outdated, or underperforming (low traffic or engagement metrics) content to your website over time. • They can hide exceptional content from visitors who find your website through other means than the keywords the blog post ranks for. • Blog posts can potentially create brand confusion with new visitors if the content does not reinforce your expertise or mission.
Taking a Look at Your Blog As with any marketing activity, blogging should be analyzed to see how much value comes from the investment. Concepts like exposure, branding and awareness through blogging are very hard to quantify. Some data, through analytics, conversion tracking and intake processes, can also help you get a feel for the value of your blog. Large amounts of relevant traffic (that is, traffic from your market), significant numbers of conversions, or comments from new clients about reading your blog, could be good indicators of positive value. However, if your blogging efforts aren’t in line with Google’s
guidelines of “E-A-T” and aren’t providing a great user experience, delivering unique information, you may want to reconsider your approach.
Should Blogging Efforts be Refocused? This is probably the biggest and most relevant question to answer for your firm. If your blog is delivering great information to users and bringing you success online, you likely want to continue with your approach. However, many firms may discover by reviewing their blogs and data with a bit of scrutiny that it may not be worth the effort and investment. If your strategy has been to publish new blog posts at regular intervals for “SEO purposes,” you should certainly take some time to reevaluate. That exercise can cost your firm money, and worse, it could prevent you from engaging in other activities that could bring more value to your firm. For example, you could invest resources in: • A website redesign to add functionality and conversionfriendly elements • Reviewing important pages to ensure the content and design are meeting your visitor needs • Creating content that answers questions and can benefit visitors throughout your site • Optimizing your local presence • Updating older content that used to perform well, but has lagged • Doing giveaways and/or community activities to expand your audience on social media • PPC, social media, or other paid digital advertising • Sponsoring great organizations to expand your brand in a positive light and gain potential links to your site • Adding substantive content pages and resources to your site, instead of posts • Commissioning a creative asset to be produced for your firm’s website Your firm’s marketing should strive to bring in more clients in more efficient ways. When one technique is no longer among the most efficient, it should be reduced or discontinued to make way for new, better-performing efforts. By reviewing Google’s guidelines for quality and evaluating your success from blogging and all other marketing activities, you can gain a clearer picture about what’s working, what’s not, and what needs to change. As the industry continues to evolve and your competition gets smarter and more effective, you must also transform your marketing to stay ahead and to ensure the health and success of your firm. So how often should your firm blog? The answer depends on how often you have something truly valuable to say. n Article provided by Consultwebs.com staff of talented online marketing professionals who skillfully manage all aspects of a law firm’s web campaign. Consultwebs.com takes a holistic approach to effectively grow audience, increase engagement, and maximize effectiveness to help our clients get more cases from the Web. Attorney Journal San Diego | Volume 166, 2017
25
IS YOUR LAW FIRM MAKING THE BEST IMPRESSION?
Peterson Reporting. Providing nationwide service since 1986.
From day one of your
Reporting
deposition to the last day
Videography
of your trial, Peterson Reporting
Trial Presentation
is an indispensable member of your trial team. Proven professionalism and proficiency
We’ll help you put your best foot forward.
Free Conference Rooms Live Streaming Services Video Conferencing Services
for more than 25 years. Locally owned, globally known.
Global Reach Complex Cases
From logos and brochures to websites, strategy, writing and beyond, we’ve got you covered!
Accurate, Fast
Jenny Strauss, Partner & Brand Strategist (215) 460-0835 jenny@skidmutro.com
530 B Street, Suite 350 San Diego, CA 92101
619 260 1069
Since 1986 petersonreporting.com
View our portfolio at skidmutro.com 26
Call to request green delivery of your transcripts and receive a discount.
Attorney Journal San Diego | Volume 166, 2017 Peterson AttJrnl HPV.indd 1
7/12/13 5:04 PM
How Can Building A Stronger Brand Bring You Better SEO Results?
by Tanner Jones
T
here are several factors that search engines such as Google use to evaluate and then determine ranking placement for search queries. Listed below are just a few of the main factors out of the 200-plus that many SEOs believe that Google currently looks at to determine rankings: • The link profile of a website • The number and consistency of a business’ citations (NAP profile: Name, Address and Phone Number) • A website’s content quality, substance, domain authority, social sharing, engagement, and user experience • A website’s user experience and related metrics (for example, how easy it is to navigate through your website and find what you’re looking for) • Mobile-friendliness of a website • Online reviews Google has evolved dramatically over time, and they continue to improve their ranking algorithm with the end goal of delivering the most relevant, useful search results possible for their users. One important topic to understand is how a firm’s brand may be related to search engine optimization, visibility and rankings. How well a business is known or how popular a particular brand may be in its market and industry, can impact results in search engines. In other words, big brands often rank better in search engines. While “strong brand” is not necessarily a Google ranking factor by definition, a well-established presence on the web and in various communities does seem to correlate positively with other ranking factors and can impact SEO in a positive way. There are big brands in every industry and vertical— including legal. Given the influence brand and branded search has in rankings today, every law firm that is investing in online marketing should re-evaluate how they are positioning their brand to the public, and seek to expand their brand and reputation both offline and online.
28
Attorney Journal San Diego | Volume 166, 2017
Branded vs. Non-branded Search for Law Firms It’s important to clearly define the difference between branded and non-branded search. Most law firms will rank in search for their firm name relatively easily. It’s often the least competitive term for which they are trying to rank. A branded search is when someone searches for your firm’s name. If someone instead searches for an “Orlando car accident lawyer,” that is defined as a “non-branded search”— because it does not involve an actual business name. Google and other search engines track search volume meticulously. They use it to evaluate trends, popularity as related to topics and interests, and to monitor brand awareness and reputation of individual businesses and entities. If your law firm name is searched for regularly in your market and is being talked about throughout the Internet, your business is often seen as a popular brand. This type of popularity has been said to influence search, and provides these businesses with a boost in their ranking, among other benefits.
Benefits of Branded Search for Attorneys Branded search volume around your law firm’s name can be an important component of your overall Web marketing mix. It implies that you are well-known, and is an indication that your firm is trusted and intentionally sought by the general public. Whether or not branded search volume is a ranking factor per se, there are a number of other benefits that come with strong brand awareness in your market and increased branded search volume. Branded search may increase the propensity to convert a visitor from the search engine results page. More on this benefit is described later in this article. Additionally, you will see businesses that have strong branded search volume begin to show up in Google’s auto-suggest feature and related searches.
Although there are no law firms currently showing in the above example, this is where one has potential to show with strong brand awareness related to a particular search. Here is an example of a non-legal brand:
Likely, because a large amount of users have searched for a shaving razor and associated the search with “Walmart,” Google has determined this is one of the most applicable and appropriate searches when someone is looking for a shaving razor. Now, back to the Orlando car accident lawyer search. As you can see, this example indicates how two particularly well-branded law firms are seen as potentially relevant search queries:
What Influences Brand and Branded Search Naturally, firms that advertise on TV often have the strongest brands in their markets—and consequently enjoy the most branded search volume around their law firm name. This is due to the fact that they are continuously delivering their message and brand name into community households, and have established strong top-of-mind awareness. When people are in need of a lawyer, the lawyers behind those TV commercials are hoping those in need will automatically think of that commercial and make a phone call. Today, with the convenience of the Web at our fingertips, a larger percentage of prospective clients are searching those well-branded firms’ names and reviewing them further online. This helps fuel a firm’s perceived popularity online and heavily influences their branded search volume—ultimately positively influencing their ranking potential. You may have even see some lawyer commercials instructing people to “go online and search The ABC Law Firm, check us out online, see what others have to say about us.” This is a clever tactic that encourages natural search volume around their brand, but also (assuming they have strong reviews/endorsements) helps to build trust and confidence once a user reads their online reviews and visits their website to learn more about the firm. Don’t get discouraged, though, if you’re not a TV advertiser.
There is still hope! You have many other options to strengthen your branded search volume, online popularity and your entrenchment in your local market. Here are a few areas you should consider: 1. Ensure you have a GoogleMyBusiness listing set up for each of your staffed, physical office locations. 2. Obtain as many positive reviews for each GoogleMyBusiness listing and, once secured, expand efforts into other important review sites for added social proof (e.g., Facebook, Yelp, Avvo. Always be sure that your efforts are in compliance with rules and guidelines from applicable bar associations and the reviews platforms themselves.) 3. Establish online relationships or bridge offline relationships onto the Web and make connections via backlinks to your website (or at least work to have them mention your law firm on their site). 4. Treat social media as if it is the word-of-mouth lifeblood for your firm. Engage with people and encourage “likes” and sharing. 5. Get involved with local organizations via charitable contributions, sponsorships, personal involvement in the community and/or scholarships. 6. Create substantive content around your bread-andbutter practice areas on your website. You want people to see the information you are presenting and trust it as though it is written by an expert or enthusiast (as related to the topic). Avoid shallow, non-substantive blogs and practice area pages. Consider other ways your law firm can influence curiosity about your brand and drive search volume around your firm name. One example may be to implement an initial drip email to all new prospective clients that hyperlinks a targeted search result related to your brand, so that they can learn more about your firm, history and successes online. Establishing a strong brand online, regardless of rankings benefits, is a powerful next step in your online marketing efforts. Another major strength of having strong brand awareness in your market is the ability to convert more visitors from the search engine results page into a visitor on your website. That is where having a strong law firm brand really begins to play a huge role in terms of driving leads and cases for your firm.
Influences Click-through Rates with Brand Well-known brands influence click-through rates from the search results pages. Consider if you were searching for information on selfdriving cars. Maybe you were interested in the technology used to parallel park vehicles using hands-free technology. Attorney Journal San Diego | Volume 166, 2017
29
You open up Google and search “hands free technology used for parallel parking” and see these results:
users respond to particular brands in search results and they give credit to certain brands and websites that attract clicks due to their popularity.
Ripple Effects of Brand Equity for Lawyers
For most of us, we recognize two established brands in these first several listings: Geico and Wikipedia. Because of the brand awareness of these two entities, they will largely monopolize the clicks for this particular search. People trust the name, the brand, and because of that, trust the content on the other side of that click. It works the same for legal. Google continues to improve its ability to recognize how
Among the major ranking signals are relevant and authoritative backlinks pointing back to your website. A strong brand encourages ongoing, organic link-earning to your site – often through little to no effort by you or your search marketing provider. It’s a compounding effect that strengthens the already established brands and websites. As a quick example, let’s say you start ranking for a specific brain injury-related term. Over time, as journalists, organizations and others come across your content related to brain injuries, they will occasionally cite the source as a helpful resource in their articles—naturally and organically growing your link profile, strengthening your site’s domain authority, and helping to expand your rankings over time. Brand is not simply boxed into a specific parameter. There are dozens upon dozens of factors that impact and influence your law firm’s brand: co-citations and co-occurrence, backlinks, social engagement, substantive and trusted content, as well as brand mentions throughout the Web, to name only a few. There was a study performed by Tom Capper which evaluated the correlation between domain authority of a site vs. branded search volume as they compared to a site’s rankings performance. The result of the study suggested that branded search volume was better correlated with rankings than a site’s domain authority score. This ultimately implies how critical a law firm’s brand is to their ability to attract and sign more cases from the Internet today.
Summary While no one truly knows all the factors that Google uses to rank a website, it is clear that a firm’s brand has significant influence on the ability to be successful online today. Many years ago, Google’s then-CEO Eric Schmidt was quoted saying, “Brands are the solution, not the problem.… Brands are how you sort out the cesspool.” Continue to seek ways to build top-of-mind awareness in your market areas and pay close attention to your online reputation. It just may be the driving factor in winning a client over your competition tomorrow. n Tanner Jones serves as the Vice President of Business Development, the premier provider of innovative online legal marketing to ethical U.S. law firms seeking growth and profit. Consultwebs fosters professional, long-term relationships built on trust, integrity, high quality and results. Tanner oversees all business development opportunities for Consultwebs and helps law firms develop their marketing strategies, including search marketing campaigns, responsive website design, social media and pay-per-click advertising. Tanner has spoken and presented at legal marketing seminars throughout the country including the PILMMA and M&L Legal Marketing Conferences. www.consultwebs.com 30
Attorney Journal San Diego | Volume 166, 2017
PRSRT STD U.S. POSTAGE
PAID
Post Falls, ID PERMIT NO. 32
UNRIVALED JURY VERDICTS SET T L EM E N TS PERSONAL SERVICE REFERRAL FEES
PANISH SHEA & BOYLE is happy to discuss how
we may assist you in your case. Please contact
the Honorable Judge Peter Polos (Ret.) for more information at polos@psblaw.com.
WWW.PSBLAW.COM
310.477.1700
1.877.800.1700